HomeMy WebLinkAboutResolution - 522 - URA Land Acquisition-Marcelano Deleon-Public Park, Lake 6 YCL Project - 06/12/1980a� _lUN 12
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180 RESOLUTION RESOLUTION #522 - 6/12/80
;
9 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
6 THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT;
AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that a certain parcel
of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes
Project within the City of Lubbock, Lubbock County, Texas, should be acquired
and developed for public park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has
contracted with the City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public park purposes the fee
simple title to the land hereinafter described, owned by Marcelano DeLeon; and,
WHEREAS, the City Council has caused two appraisals to be made of said
land and the value and total damages, if any, to the owner, and all others
whose interest may appear, for fee simple title to said land has been appraised;
and the City Council finds the price offered to be fair and equitable; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a public
park the fee simple title to the land lying and being situated in Lubbock
County, Texas, and described as follows, to -wit:
Parcel No. 99600-95-125: (See attached Legal description)
Purchased Price - $4,900.00 (Four Thousand Nine Hundred and No/100
Dollars)
THAT the owner, and all others whose interests may appear, be offered
through the Urban Renewal Agency of the City of Lubbock, Texas, the amount
established as the fair market value and total damages, if any, for fee simple
title and acquisition of said land for the purposes herein stated, for the use
and benefit of the City of Lubbock, being the amount hereinabove stated, and
that unless accepted forthwith the City Attorney is hereby authorized and
instructed to institute condemnation proceedings for and on behalf of the City
of Lubbock to acquire fee simple title to said land, as hereinabove described,
for public park purposes.
Passed by the City Council this 12 day 0 June 1980.
;AOL*
BIL cALISTER, MAYOR
ATTEST:
Evelyn . Gaf ga, C ty Secre ry reasurer Appmved as to fww -
APPR VED AS TO CONTENT:
i_L/1 AssistaK City Attorney
Vicki Foster, Community Development Coordinator
and in Section 3, Block B. ,
• tract of land located in Section 4, Block 0• heretofore 'conveyed to 7
A bein the same tract her
Lubbock County, Texas, g
Marcelano DeLeon in Volume `1398, Page 203, being further described as k
follows: BEGINNING at a 3/8" iron rod (f 9 dfeet�from ethe Southwest - -
i
E., 1462.95 feet and S. 00 14 00 E., 20
corner of Section 4, Block 0, and the Northwest corner of Section 3,
of a 0.493 Block B, said rod being the Southeast corner eavis in Volume ectractre
952, Page 359,
heretofore conveyed to Annie and Henry
L. said rod being in the Northbo keinfVolume•1308,02 rpage a129,efor o the
e
conveyed to the City of LubN. o , ,•along
East -
. southwest corner of this tract; TdiNtance CE of 421088 feet toa 3/8" iron
line of said 0.493 acre tract, a
for the
rod (found) at the Northeast corner of said 2028 E. ardistance of
Northwest "corner of this tract; THENCE S.
384.32 feet to a 1/2". square metal tube (set) at the Northwest corner
of a 0.589 acre tract heretofore conveyed
oFaith orner ofrthisatract;Church
in volume 1122, Page 255, for the Northeast c 589 acre tract, a
THENCE S. 0007'55" W., along the West line of said 0.
distance of 308.36 feet to a 3/8" iron rod (found) at the Southwest
- corner of said Q.589 acre tract, said rod being the North line of said
199.02 acre tract, for the Southeast corner
ofth1acreatract�,�aCdistance
8938'44" W., along the North line of rid
of 364.05 feet to the Place' of Beginning.
2
ACQUISITION APPRAISAL REVIEW
PARCEL NO. •99600-95-125 PROJECT NAME Yellowhousq, Lake 6: 5th Action Yr. C.D.
ADDRESS East 19th Street near Vanda Ave.
OWNER (s) Marcelano DeLeon
TENANT (s) None
LEASEHOLD No
LEGAL DESCRIPTION: See attachment for metes and bounds description.
1. Acquisition appraisal received .......................0..... MAX 12, 1980
(Date)
2. All corrections by appraiser completed .................. May 27, 1980 .
3.-. Appraisal is adequate and acceptable............. ........ Yes
4: On-site inspection of property .......... ..................:.May 16, 1980•
(Date) -'
5. Person accompanying review appraiser...' :................... None
6. On-site inspection of comparables ................. May 13th & 16th, 1980
(Date)
7. Any report of unlawful condition or occupancy.............. No
8. Basis for conclusion as to fair market value: Approval of the appraiser's valuation is
based on my inspection of the property and review of the appraisal report but with an
increase in the land after reconsideration of all of the land values in the project
based on comparability.
In my opinion the final estimate is $ 4,900.00
I hereby certify that I have no interest, present or contemplated, in the property; and to
the best of my knowledge and belief, all statements and information in this report are true
and correct, and no important facts have been withheld or overlooked.
May 28, 1980
DATE REVIEW
'--Harotd ,
Buildings.& Structures
APPRAISAL
REVIEW APPRAISAL
(Whole Taking)
Valuation
Valuation
1. None
None
None
2.
3.
4.
Garage.....................
Fence........................
None
None
Landscape......................
Cellar.......................
Other .......................Remains of Storage
None
None
Other........................ld retaining wall
None
None
Other......... .:.............
Fixtures ....................
Tenant-Owned Building, Structure,
Fixture & Other
1.
2.
Land........ -........ .. .... -3.061 ac.
,
4,600
t'900
TOTAL:...........................
$ 4,600
$ 4,900
Partial Taking
Whole Property
Part Taken
Remainder Before
Remainder After
Damages
TOTAL TAKING AND DAMAGES :............................
-2-
APPRAISAL REPORT FOR THE CITY OF LUBBOCK
Project Yellowhouse Lake 6 5th Year C.O.
Parcel Number 99600-95-125
Property Address East 19th Street near Vanda Avenue and on edge of Yellowhouse Canyon
Interest Appraised Fee Simple
Property Owner Narcelano DeLeon
Date of Appraiser's Inspection 4-1-80
Owner or Representative Accompanying Inspection none
Owners Piot Present at Inspection'i Marce]ano DeLeon
Limiting Conditions of the Appraisal:
(1) That the title is good and marketable, (2) that no responsibility is assumed b
the Appraiser for legal matters, especially those affecting the title to the proper y,
(3) that the legal description of the property and the interest therein to be appraised,
furnished to the Appraiser by the Agency, is co ect, and (4) that no survey of the
property.his-been made.
The Undersigned Hereby,Certifies:,
{T) That I personally made a thorough in ction of'the property, .
best of my knowledge'and belief, ever t p p y� (2) that, to the
relevant and important .-fact.has been omitted, (3)�that ineither mythe employment is true and 'no
m
compensation is contingent on the valuation reported, and (4) thatIhaeno past,
present, or prospective interest (including that of real estate agent or broker) in
the property, the parties involved, or any other interest that would conflict in any
way with the services performed or the making of an impartial report, .(5) that I will
disregard any decrease or increase in the fair market value of the real
ert
be acquired'(or the entire property of the owner in the case of a partialrtaking)to
prior to the date of valuation caused by the public improvement or project for which
the property is to be acquired for such improvement or project, other than that due
to physical deterioration within the reasonable control of the owner. In the case of
a partial taking, using the before -and -after method of valuation, my opinion of the
value of the remaining not -to -be acquired portion of the property does not reflect
any increase or decrease in value attributable to the project, (6) that my analyses
and opinions of property value does not reflect any consideration of or allowance for
the relocation assistance and payments provided under .Title fI of the Acta
It is my opinion that the fair market value of property to be acquired is 4,600
as of 4-1-80 %
April 22t 1980
Date .li
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Purpose and Scope of Appraisal
The purpose of this appraisal is to estimate the market value of
the property. The.property:rights appraised are fee simple with
the exception of mineral interests.
Function of Appraisal
This-appraisal'is required by the City of Lubbock for its guidance
in making fair and impartial determinations of fair market value
and the just compensation to be offered to the property owner.
Ownership
Marcelano DeLeon
5523 Brock
Houston, Texas 77027.
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Definition of Market Value
'The term market .value, as used in this appraisal, is defined
in the book entitled REAL ESTATE APPRAISAL TERMINOLOGY, first
printing, 1975, on page 137 as follows:
The highest price -in terms of money which a property will bring
An a competitive and open.market under all conditions requisite _
to a fair sale, the buyer and seller, each acting prudently,.
knowledgeably and assuming the price is not affected by undue
stimulus.
Implicit in this definition is the consummation of a sale as of
•
a specified date and the passing of title from seller to buyer
under conditions whereby:..,,
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised,
and each acting in what he considers his own best
interest.
3. A reasonable time is allowed for exposure in the
open market.
4. Payment is made in cash or its equivalent.
5. Financing, if any, is on terms generally available
in the community at the specified date and typical
for the property type in its locale.
6. The price represents a'normal consideration for the
property sold unaffected by special financing amounts
and/or terms, services, fees, costs, or credits incurred
in the transaction.
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NiR M31
A tract of land located in Section 4, Block 0, and 'in Section 3, Block -B,
Lubbock County$ Testas, being the same tract heretofore conveyed to
Marcelano DeLeon in Volume 1398, Page 203, being -further described as
follows: BEGINNING at a 3/8" iron rod (found) which bears N: 89°58130"
E.. 1462.95 feet and S. 00'14'00" E.,'200.90 feet from the Southwest
corner of Section 4, Block 0, and the Northwest corner of Section 3.'
Block B, said rod being the Southeast corner of.a 0.493 acre tract
heretofore conveyed to Annie and Henry L. Davis in Volume 952, Page -359.
said rod being in the North line of a 199.02 acre tract heretofore
conveyed to the City of -Lubbock in Volume 1308, Page 129, for the
Southwest corner of this tract; THENCE N.'00'14'00" W., along the Bast
line of said 0.493 acre tracts a distance of 421.88 feet to a 3/8" iron
rod (found) at- the. Northeast corner of said 0.493 acre tract, -,for the
Northwest corner of -this tract; THENCE S. 72.28'04" E. a distance of
384.32 feet to,a-1/2" square metal tube (set) at the Northwest corner
of a 0.589 acre tract heretofore conveyed to Faith First Baptist Church
in Volume 1122, Page 255, for the Northeast corner of this tract;
THENCE S. 00607'55" W., along the West line of said 0.589 acre tract, a
} distance of 308.36 feet to a 3/8" iron rod (found) at the Southwest
corner of said 0.589 acre tract, said rod being the North line of said
199.02 acre tract, for the Southeast corner of this tract; THENCE N.
89'38144" W.;.along the North line of said 199.02 acre tract, a distance
of 364.05 feet to the Place of Beginning.
y
Neighborhood Analysis
The subject property is situated in a neighborhood that is located
in the east part of the City of -Lubbock. The neighborhood area is
defined as the`area generally shown on the.following Neighborhood
' Hap. The mapaiso.shows the general land uses and the location of
subject property.
This neighborhood has experienced very little growth in recent;
years. No significant new construction has been observed in recent
years. Deed records indicate that market activity has been very
slow. :The purchase of the Canyon land and its development into a
park has been the most significant change in'the neighborhood in
recent years.
This neighborhood is located about .3 miles southeast of downtown
Lubbock and in the opposite direction from the main residential
:and commercial growth direction of the city which is southwest.
This neighborhood has an ample supply of vacant land if the denand
for residential development should be generated.
Most of the housing in the area is modest to very modest in price
C class and are typically occupied by lower income families.
A.
SUBJECTt
ROPERTY
AGRICULTURAL
USE
pt v 45
A\
15 6
, 75
%Wmtuy - •«j % t 4,%.
fit
E NSI T I I
f�a^f:�t?
_-
K _
1
Description of Improvements
The property is vacant and unplatted land. The only improvements
are some scrap fencind., a retaining wall, and a badly deteriorated
storage building; all of which do not add any significant value to
the 1. property: city water or sewer pro rata expense has not been paid,, -
on this property. :
site a Data
This tract is 3.051 acres in size with dimensions as shown on the
following Site Sketch. The site fronts to East 19th Street, which
is paved but without curb or gutter.` The -'tract is alone the edge
of Yellowhouse Canyon. About one-half of the land is near level
land along 19th Street and one-half is rough land sloping sharply
toward the lake in the lower part of the canyon.
No si nificant adverse easements or enc roac
hments were noted at the
g
time of the appraisal inspection. The.HUD flood hazard map does not
include this tract in,a flood area. Part of the tract is zoned R-2,
Two Family Residential, and part is zoned Sinqle Family Residential,
R-1.
City water and sewer would be available after platting and payment
of pro rata expenses. Other utilities are also available.
SITE SKETCH
r
19 -�
h
SEMON 4, BLOCK 0
N
Q
SEMON OWESUBL/S►HED BY_SYLVAAI S4IVDERS /951
a
'i ACRE TRAC1
— — 3ar
OESCR19E0 • IN VOL. 13%, PG. 203,
R R Richtev to Mmelom DeLmn
July 3. 1972
�p
SECT/O)V 3, BLOCK B
W
•
a
i R���
r
W
�O ~
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364.05'
N 89' 38'44"1N 661.05,
` THM Pt71RIL11ms NI19"W"d E 1492AS' AND
60t1'14 VO f 200_91) FROM TME SOUTHWEST
_
f
� m m ,
.... . .. . ..
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3
a)/}
Taxes
A ent Assessed Value
Tax Amount
City and School -. $1,570
X38.94
f
State and County 850
14.24
i
Total
x,53.18
use and Occupancy
t t
The land was vacant at the .time of the appraisal
inspection and
without any existing use.
Recital Inform ati on
None known..
ii
l�
Annual Operatitg Costs
�I
El
floes not apply.
Highest and Best Use
The highest and best use of subject property is
for one or two
j
family residential use.
its
Valuation OU the Property t
The subject property is vacant.la'nd wxcept for the minor improvements
that.do not -have any contributory value. The only meaningful approach
to value is the direct comparison approach. The most pertinent comparables`
from the 14arket Data Supplement are summarized as follows
Land Sale .. _. `. ::. Pro Prise a. Indicates
Zoning Rata
Acres Per acre For Subject
•
1 4-78 1.0 R-1 No.$2,400,,below $2,400
2 12-72 4.29 R-1 No 1.,165.50 above $1,165.50
3 11-77 .73 R-1 No 2,054 below $2,054
Offer #1.' current- 1.Q R-1 Yes 2,500 below $2,500
Offer 12. current 10.86 R-1 No '1,250 above $1,250
Subject. __.._ 3.061 R-2 A No =--- ----
R-1
Sale .flo..1 is better located than .subject and'has better. topography. It
is level useable land._ Sale No. 2 has similar terrain but is an older sale.
Sale No. 13 is a smaller tract that is all level land, subject is rated inferior.'.
Offer No. l has better topography and pro rata expense paid. Offer No. 2 is`
all level land and is better located but is much larger in size. The smaller
tracts tend to sell for higher per unit prices.
In the final analysis it was concluded that $1,500 per acre was the most
likely market value conclusion for subject property.
3.061 acres 0 $1,500 $4,591.50
say - -
i Final Estimate of Value $4,600
rtu &A To •4T
----------
MARKET DATA MAP
CAT) OFFER
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�L-ACID OFFER
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k ASSUMPTIONS ACID CONTINGENT CONDITIONS
The appraiser assumes:
1. That the legal description furnished is correct.
2, That the title to the propertyis good.
3. That the property is free and clear of all liens.
4. That the property will be properly maintained.
rt is submitted subject to ,the following limiting cor►ditions:
This repo ....
ss of information
J. -That no guarantee is made as to correctne,
estimates, or opinions furnished by others and used in
making this appraisal.
(i
iability is assumed on account of inaccuracies.
.That no l _
or errors in such information, estimates, or opinions.
f F
`assumed on matters of a legal
3. That no liability is
e
character affecting the property, such as title eerts'
over -lapping boundaries, etc., and no right to ex
p
testimony unless adequate arrangements for fees are made.
tes Y
. isal fee is not, in any sense, contingent upon
4.The appy
a
of. this report.
anything other than delivery
•.Naar.+:• _. +1 •1 ,y'+';,•t'FT"+,�.i�'°'�
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� y�xffi". .. AC � _ .__"_ _
RESTRICTIONS UPON DISCLOSURE AND USE
1.
Disclosure of the contents of these appraisal reports is
governed by the By-Laws and Regulations of the American
Institute of Real Estate Appraisers of the National
t
Association of Real Estate Board.
w
20
Neither all nor any part of the contents of these reports
(especially any conclusions as to value the identity of
or
connected,
the appraiser or the firm with which he is .
any reference to the American Institute of Real Estate
the Society of Real Estate Appraisers.
Appraisers-or to
Q
or to the`M.A.I. or SR.P.A. designation) shall be
to to the public through advertising media, public
�.
disseminated
di s
media, sales media or any other public
relations media, news
communication without the prior written consent and
means of
approval of the undersigena.
i
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... t.. � '`''.�#�'.z��'k;�fi,, ��'?'"��+' ��'.•�,'� �t��+`d'1��,":rF, �' .x „ ..,,�`.c, �a'k^ ;m:r*��.. s•:�`ga�a. , _ - .. ..
QUALIFICATIONS OF JIffly J, GODDARD, M.A.I.,S.R.P.A.
Education:-
Professional Recognition Award, presented by the American
Institute of Real Estate Appraisers for the years -19809 1981,
and 1982.'
Texas Technological }University
BBA Degree,.1963
Major: Finance Option: Real Estate and Insurance
., Successfully completed Appraisal Course by Texas Highway
f Department,'Austin, Texas .1964
[ � Successfully completed ExaminationJ, Case Study Course II,
stitute of Real Estate Appraisers
and Course -VIII, American In
ew
!= Positions Held:
jOwner -- Goddard and Associates -presently, Lubbock, TexaTexas
Manager— Property Evaluators, Inc. - 1966 -San Angela,
Review and Staff Appraiser - Texas Highway Department - 1963
to 1966, Odessa, Texas
i President - South Plains Chapter -Society of Real Estate
Appraisers, 1974 - 1975
Member - 1973 Young Men's Council - Society of Real Estate
Appraisers 1976 - 1977
Instructor - Texas Tech University
€� Lubbock Christian College
E
T�
&
Membershi Ps
raisers sers
Estate APP
of American institute of Real Estate Appraisers
Member . - Society of Rea
Property Appraiser '
Senior Real Prop te Commission
r's License -.Texas Real Esta
�e Broke
Real Estate
National Association of Realtors,,
:
Texas Association of Realtors
Realtors
Lubbock Board of
of Cl i elhts:
Parti al Lis
�Texas Highway Department
City of Lubbock
Veterans Administration Urban Development,
Secretary of I Housing and 'Trust Department
National Bank of Dallas
Republic Nati I
Hati onal Bank
Lubbock of Lubbock
National Banl n
First an ASSOciat'o
Federal Savings and Lo! of Lubbock
First
first Texas Savings Association
ir Association
State Savings and Loan
Savings Association�
West Texas S
Sentry Savings Association
Mortgage Guaranty. Insurance Corporation
Merrill Lynch Relocation Management Corp
plil Mortgage Insurance Company
West Central Investment Corporation
Mutual Life insurance Company,
Philli?s Waverly. Iowa
Lutheran Petroleum Company
Gulf Oil Company
• Continental Oil Company
Sun Oil Company
Houston, Texas
Texaco, Inc
Great Southwestern Life insurance Company,
Southwestern Sell Telephone Company
The Western Company .
Texas Instruments, Inc
t Texas international comany
Southwestern Life% Dallpas
oJi,